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An Act to amend the Code of Virginia by adding a section numbered
46.2-1220.1
, relating to parking, stopping, and standing enforcement; bus obstruction monitoring systems; civil penalties.
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered
46.2-1220.1
as follows:
§
46.2-1220.1
. Public transit agencies authorized to utilize bus obstruction monitoring systems to enforce certain parking, stopping, or standing regulations; civil penalties.
A. For purposes of this section:
"Authorizing locality" means any locality that has authorized a public transit agency operating in the locality to utilize bus obstruction monitoring systems pursuant to this section.
"Bus obstruction monitoring system" means a system mounted on a transit bus that produces one or more photographs, microphotographs, videotapes, or other recorded images of parked vehicles.
"Transit bus" means a rubber-tired automotive vehicle used for the provision of public transportation service that is funded in whole or in part by federal, state, or local funding.
B. A locality may authorize the use of bus obstruction monitoring systems by a public transit agency operating within the locality for the purpose of enforcing local ordinances adopted pursuant to §
46.2-1220
related to parking, stopping, or standing in bus stop zones or in lanes reserved for transit buses during posted times. An authorizing locality shall enter into an agreement with the public transit agency utilizing a bus obstruction monitoring system for the transmission of photographs, microphotographs, videotapes, or other recorded images that are produced by such bus obstruction monitoring system to the appropriate official or agency of the authorizing locality. The authorizing locality may use such images to prosecute a violation of an ordinance adopted pursuant to §
46.2-1220
related to parking, stopping, or standing in bus stop zones or in lanes reserved for transit buses when such images contain evidence of a violation of such ordinance and the appropriate official or agency of the authorizing locality deems a violation has occurred.
C. In any locality that has adopted an ordinance pursuant to this section, a summons for a violation of an ordinance adopted pursuant to §
46.2-1220
may be executed as provided in §
19.2-76.2
. If the summoned person fails to appear on the date of return set out in the summons mailed pursuant to this section, the summons shall be executed in the manner set out in §
19.2-76.3
. No proceedings for contempt by or arrest of a person summoned by mailing shall be instituted for failure to appear on the return date of the summons. Any summons executed pursuant to an ordinance adopted pursuant to this section shall provide to the person summoned at least 30 business days from the mailing of the summons to inspect information collected by the bus obstruction monitoring system in connection with the violation.
D. A private vendor may enter into an agreement with an authorizing locality or public transit agency to be compensated for providing bus obstruction monitoring systems and all related support services, including consulting, operations, and administration. Any such agreement for compensation shall be based on the value of the goods and services provided, not on the number of violations paid or monetary penalties imposed.
E. Bus obstruction monitoring systems authorized for use pursuant to this section shall perform the initial image capture and automated analysis, if any, on computer equipment physically located on the bus. Such systems shall be configured so that the only photographs, microphotographs, videotapes, or other recorded images transmitted for further review and determination of whether a violation has occurred are those preliminarily identified by the on-board system as potential violations.
F. Photographs, microphotographs, videotapes, or other recorded images produced by a bus obstruction monitoring system that contain evidence of a violation of such an ordinance may be retained for up to six months or for 60 days after the final disposition of the citation, whichever is later, and shall be purged at the end of such retention period.
Photographs, microphotographs, videotapes, or other recorded images produced by a bus obstruction monitoring system shall not be used for other law-enforcement purposes, but may be used by the authorizing locality or public transit agency to inspect the condition of bus stops, shelters, signage, and other associated public facilities for the purpose of ensuring the safety and efficacy of such locality's transit system.
G. Bus obstruction monitoring systems authorized for use pursuant to this section shall not utilize or incorporate any biometric identification techniques, including facial recognition technology.
H. During the first 60 days of the implementation of a bus obstruction monitoring system pursuant to this section, the authorizing locality shall only issue warnings to registered owners of vehicles without a monetary fine assessed.
Authorizing localities shall include notice in any complaint, summons, parking ticket citation, or warrant for violations of ordinances described in subsection B that evidence of such violation was obtained by means of a bus obstruction monitoring system authorized by the locality pursuant to this section.